Article · Insurance

Somebody Wants the Settlement Back: How Subrogation and Reimbursement Actually Work

29 U.S.C. § 1132

Type
Article
Jurisdiction
National
Date
2025-05-13
Topic
Insurance

The moment a settlement is reached, a second set of claimants appears: every entity that paid a medical bill and now wants its money back. This article explains who those claimants are, where their rights come from, and why the answer differs so completely between a self-funded employer plan, an insured plan, Medicare, Medicaid, and a hospital with a statutory lien. It covers the equitable-lien theory that governs employer plan recovery, the made-whole and common fund doctrines that reduce it, and the single defense that has actually defeated a plan's claim. It then covers the federal programs whose recovery rights are statutory and largely non-negotiable, and the state-law liens that vary enormously. It closes with the practical sequence for resolving every lien on a settlement before it is disbursed.

Somebody Wants the Settlement Back: How Subrogation and Reimbursement Actually Work

Insurance > Subrogation, Reimbursement, and Liens | Published 13 May 2025 - Updated 28 May 2026 | UpLaw - uplaw.us

The second set of claimants

📌 A personal injury settlement is not the plaintiff's money until every entity that paid a related medical bill has been dealt with. Health plans, Medicare, Medicaid, workers' compensation carriers, hospitals, auto medical payments coverage, disability insurers, and government programs all have potential claims against the recovery.

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